South Africa Case Law

Land and Agricultural Development Bank of South Africa v Winsbeslis Vyf (Pty) Ltd (28604/21)

Land and Agricultural Development Bank of South Africa v Winsbeslis Vyf (Pty) Ltd (28604/21) [2022] ZAGPPHC 117 (16 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

28604/21

Judge

Makhoba

The court found that the respondent was unable to pay its debts to the applicant and had no liquid or readily realisable assets to meet its liabilities. The applicant was entitled to bring the application for winding up, and the respondent's defences regarding the authority of the applicant's attorney and the commissioning of the founding affidavit were without merit. The court distinguished the case relied upon by the respondent regarding affidavit defects and held that such defects were not fatal in the present circumstances. The respondent failed to provide grounds that its debts or those…

Source excerpt

• Company Liquidation
• Just And Equitable Winding Up
• Authority Of Attorney
• Defective Affidavit Commission
• Creditor Inability To Pay

ABSA Bank v Relmar Investments (26514/2010)

ABSA Bank v Relmar Investments (26514/2010) [2011] ZAWCHC 479 (27 October 2011)

Court

Western Cape High Court, Cape Town

Case number

26514/2010

Judge

Henney R

The Western Cape High Court granted ABSA Bank a final liquidation order against Relmar Investments, finding it unable to pay its debts and without a valid defence.

• Company Liquidation
• Final Liquidation Order
• Creditor Inability To Pay
• Opposition To Liquidation
• Company-liquidation
• Final-liquidation-order